§ 45-24.3-19 - Repairs and other corrective action – Demolition – Revolving fund.
SECTION 45-24.3-19
§ 45-24.3-19 Repairs and other correctiveaction – Demolition – Revolving fund. – (a) Repairs and other corrective action. (1) Whenever an owner,operator, or agent of a dwelling, dwelling unit, rooming unit, or structurefails, neglects, or refuses to make repairs or other corrective action calledfor by a second order or notice of violation issued pursuant to §45-24.3-17, the enforcing officer may undertake the repairs or action, when inhis or her judgment a failure to make them will endanger the public health,safety, or welfare, and the cost of the repairs and action will not exceedfifty percent (50%) of the fair market value of the structure to be repaired.
(2) Notice of the intention to make repairs or take othercorrective action shall be served upon the owner, operator, or agent pursuantto § 45-24.3-17.
(3) Every owner, operator, or agent of a dwelling, dwellingunit, rooming unit, or structure, who receives notice of the intention of theenforcing officer to make repairs or take other corrective action, shall giveentry and free access to the agent of the enforcing officer for the purpose ofmaking repairs.
(4) Any owner, operator, agent, or occupant of a dwelling,dwelling unit, rooming unit, or structure, who refuses, impedes, interfereswith, hinders, or obstructs entry by the agent pursuant to a notice ofintention to make repairs or take other corrective action, is subject to acivil penalty of twenty-five dollars ($25.00) for each failure to comply withthis section.
(5) When repairs are made or other corrective action taken atthe direction of the enforcing officer, cost of the repairs and correctiveaction constitutes a debt in favor of the corporate unit against the owner ofthe repaired structure. In the event the owner fails, neglects, or refuses topay the corporate unit the amount of this debt, it is recoverable in a civilaction against the owner or his or her successor, brought in a court ofcompetent jurisdiction by the corporate unit which possesses all rights of aprivate creditor.
(b) Designation of unfit dwellings, dwelling units,rooming units, and structures. (1) Any dwelling, dwelling unit, roomingunit, or structure shall be designated as unfit for human habitation when anyof the following defects or conditions are found, and when, in the opinion ofthe enforcing officer, these defects create a hazard to the health, safety, orwelfare of the occupants or of the public:
(i) The structure is damaged, decayed, dilapidated,unsanitary, unsafe, or vermin-infested.
(ii) The structure lacks illumination, ventilation, orrequired thermal and sanitation facilities.
(iii) The general condition of location is unsanitary,unsafe, or unhealthful.
(2) Whenever any dwelling, dwelling unit, rooming unit, orstructure has been designated as unfit for human habitation, the enforcingofficer shall placard the dwelling, dwelling unit, or rooming unit, orstructure, indicating that it is unfit for human habitation, and, if occupied,shall order the dwelling, dwelling unit, rooming unit, or structure vacatedwithin a reasonable time, that time to be not more than thirty (30) days.
(3) No dwelling, dwelling unit, rooming unit, or structure,designated as unfit for human habitation, and which has been placarded andvacated, shall be used again for human habitation until written approval issecured from the enforcing officer and the placard removed by the enforcingofficer.
(4) The enforcing officer shall rescind the designation andremove the placard when the defect or condition upon which the designation andthe placarding was based has been removed or eliminated as to cause thedwelling, dwelling unit, rooming unit, or structure to be deemed by theenforcing officer as a safe, sanitary, and fit place or unit for humanhabitation.
(5) No person shall deface or remove the placard from anydwelling, dwelling unit, rooming unit, or structure which has been designatedas unfit for human habitation and has been placarded, except as provided inthis section.
(6) Any person affected by any decision of the enforcingofficer or by any designation or placarding of a dwelling, dwelling unit,rooming unit, or structure as unfit for human habitation, shall be granted ahearing on the matter before the enforcing officer under the procedureestablished in § 45-24.3-21.
(7) The enforcing officer may order the owner of anybuilding, which has been in the past and/or is vacant and open, to comply withthe following specifications: all openings (including doors and windows) fromcellar to second floor and all windows above the second floor leading to fireescapes, porches, or structural appurtenances, on all floors, must be coveredfrom the exterior with three-eighths inch (3/8") thick exterior plywood orone-half inch ( 1/2") notched boards firmly secured and with protectivecoating. All other windows must be so secured by either one-quarter inch (1/4") thick exterior plywood or one-half inch ( 1/2") notched boards.
(c) Demolition of dwellings, dwelling units, or roomingunits designated as unfit for human habitation. (1) The enforcing officershall order a dwelling, dwelling unit, or rooming unit to be demolished if ithas been designated as unfit for human habitation, has been placarded, has beenvacated, and has not been put into proper repair as to rescind the designationas unfit for human habitation and to cause the placard to be removed, and isdetermined by the enforcing officer not to warrant repair under this section.
(2) The owner of any dwelling, dwelling unit, or roomingunit, ordered demolished, shall be given notice of this order in the mannerprovided for service of notice in § 45-24.3-17, and given a reasonabletime, not to exceed ninety (90) days, to demolish the structure.
(3) Any owner aggrieved by the notice to demolish may, withinten (10) days, seek a reconsideration of the matter in the manner provided, andmay seek a formal hearing in the manner provided in § 45-24.3-21.
(4) When the owner fails, neglects, or refuses to demolish anunfit, unsafe, or unsanitary dwelling, dwelling unit, or rooming unit withinthe requisite time, the enforcing officer may apply to a court of competentjurisdiction for a demolition order to undertake the demolition. The court maygrant the order when no reconsideration or hearing on the matter is pending.The cost of the demolition shall create a debt in favor of this corporate unitagainst the owner, and is recoverable in a civil action brought by thecorporate unit which possesses all the rights of a private creditor.
(5) Whenever a dwelling is demolished, whether carried out bythe owner or by the enforcing officer, the demolition shall include the fillingin of the excavation remaining on the property on which the demolished dwellingwas located, in a manner that eliminates all potential danger to the publichealth, safety, or welfare arising from the excavation.
(6) All demolition shall be preceded by an inspection of thepremises by the appropriate authority as provided for by the laws of this state.
(d) Relocation of occupants. Notwithstanding theother provisions of this section, no dwelling shall be vacated or demolished bythe enforcing officer, under the powers granted to him or her by the provisionsof this chapter, until persons occupying the dwelling at the time thecompliance order is issued have been offered housing accommodations in adecent, safe, and sanitary dwelling which meets the requirements of thischapter.
(e) Revolving fund. There is created a revolving fundfor the purpose of supporting the cost of repairs and other corrective actionor demolition made by the enforcing officer pursuant to this section. Into thisfund shall be paid:
(1) All civil penalties collected for violations of thischapter pursuant to § 45-24.3-18.
(2) All license fees collected pursuant to this chapter.
(3) All judgments collected in actions to recover the costsof repair and other corrective action and demolition, pursuant to this section.
(4) Any other revenues that the corporate unit may from timeto time authorize to be paid into this fund.
(5) All donations and grants designed to promote the purposesof this chapter from public or private sources. The enforcing officer isdeclared to be the authorized agency of the corporate unit to apply for andreceive all grants, loans, and gifts of funds to promote the purposes of thischapter.
(f) Rent payments. Notwithstanding any lease or otheragreement, if the enforcing officer of any corporate unit has ordered therepair, alteration, or improvement of a dwelling in that the officer designatesthe dwelling to be an unfit dwelling, as provided for in this section, then theobligation of rent to the landlord is suspended and the rent paid into therevolving fund as established in subsection (e) by the enforcing officer, to bepaid thereafter to the landlord or any other party authorized to make repairs(including the enforcing officer) to defray the cost of correcting theconditions, and no action shall be maintained by the landlord against thetenant for rent or for possession. Sums paid into the revolving fund in excessof those necessary to make repairs shall be paid to the landlord on completion.If the tenant fails to make payments to the enforcing officer then an actionfor rent or possession may be maintained, subject to defenses that the tenantmay have under the lease or agreement.